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Copy of People v. Olivo

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by

Katie Hunter

on 5 November 2013

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Transcript of Copy of People v. Olivo

if the person and the concealed goods

are STILL inside the store
in a crouching position,
hiding wrenches in his clothing
People v. Olivo
Facts
Points of View
Defendant
Conclusion
Thank You
The Dyads
Thesis
a person be convicted of

for shoplifting


Arthur Darwin
Chase Oster
Cody Whitemarsh
Katherine Hunter
Kira Xi
Yuritsi Perez-Ortiz
Olivo was tried and convicted of petit larceny in the District Court of New York
Olivo was seen
Interpretations and Inferences
Concept Relation
Actus Reus/ Criminal Act
Mens Rea/Criminal Intent
Larceny
Trespassory Taking
Possession of Property
Implications
Larceny under common law will now be more defined and easier to convict and/ or defend.

People V. Olivo will be another brick added to the foundations of the common law, and will be used to further decide similar cases.

Consumer's rights of dominion over products in stores will be made more clearly as to avoid confusion and to protect against larceny.


In order to sustain a conviction,
a customer must exercise dominion and control wholly inconsistent with the continued rights of the owner, and when there are other elements of crime present, larceny has occurred.
"I ain't stealing..."
Two Main Elements of
Intent Element
Mens Rea: evil intention
Related Cases
People V. Gasparik
was found in department store trying on a leather jacket suspiciously
took tags,alarm device off
passed through several cash registers
stopped by security before reaching exit
at trial denied removing price tag and testified looking for a cash register
People V. Spatzier
defendant came in store carrying a case
was watched removing a book from a shelf in suspicious matter
placed book in case and continued to browse
owner accused him of stealing
Spatzier denied, hiding the book in his case
May a person be convicted of larceny for shoplifting if the person is caught with the goods while still inside the store?
Concept History
Larceny Defined by
Common Law
As a trespassory taking and carrying away of the
property of another's
with the intent to steal it.

Emphasis of Trespassory taking.
Alteration to
Common Law
Concept of Possession is introduced and to be known as different then having custody of.
Reach of Larceny Expanded
Trespassory taking
became less significant
"Larceny by trick"
Crime of Larceny Shifted
Protecting society's peace
Modern Penal Statutes
and Case Law
Intent element became of increasing importance
General protection of property rights

Covert or unusual behavior

Concealing merchandise

Customer being near or moving towards store exit

Lying about having possession of an item
Sufficient Findings
to establish
intent and taking
Interpretations Cont.
Aftermath
Conviction affirmed
Did not make it to the U.S. Supreme Court
Stayed in Court of Appeals
May
larceny
conversing with another person
looking around suspiciously
upon this person's departure
en route to exit,
he passed all registers
stopped by security
denied having possession of wrenches
Appealed conviction with
New York Court of Appeals
in January, 1981

Procedural History
--- If the customer exercises dominion and control entirely inconsistent with the rights of the owner and other elements of crime are present.
Larceny Defined by
Store Owner
inconsistent with owners rights; Due process clause
Security Guard
interpreted as trying to steal
People
regard it as stealing
He should have been charged with
ATTEMPTED LARCENY.
"He is a thief!"
People v. Olivo
Now focus on the actor's intent and the exercise of dominion and control over the property.
Ancient Common-law concepts no longer strictly apply
any money,
personal property,
real property,
computer data,
computer program,
evidence of debt,
any article,
substance or thing of value
Trespassory taking of property
Intent is clearly presented
Many states consider the act of concealing merchandise to be evidence of intent.
Take actions to avoid paying the full purchase price.
e.g. altering price tags, manipulating merchandise, etc.
The crime is
established
when...
Examples
---permanently deprive someone else of their property
"An act does not make a person guilty unless (their) mind is also guilty." ---Edward Coke
Larceny
Taking Element
Actus Reus: evil act
Concepts
sorting out the
Since People v. Olivo:
New York Penal Law
A person steals property and commits larceny when
he wrongfully takes, obtains or withholds such property
from an owner
with intent to deprive another of property or to appropriate the same to himself or to a third person
Trespassory taking,
Common law larceny by trick,
Embezzlement,
Obtaining property by false pretenses
Full transcript